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If your husband cheated on you in California, the law supports your right to file for divorce and handle the matter in court without the burden of proving the adultery. While you may not be able to sue the person they cheated with, you can still file for divorce and custody rights after your husband's affair.
Evidence of adultery requires far more than allegations of hurt feelings. You must go beyond feelings and come up with hard proof that your spouse cheated or had an affair. Evidence could include documentation of the affair, like a photo of your spouse and their sexual partner together, or an admission by your spouse.
Proving Adultery in a Divorce Case You must go beyond feelings and come up with hard proof that your spouse cheated or had an affair. Evidence could include documentation of the affair, like a photo of your spouse and their sexual partner together, or an admission by your spouse.
The act of cheating is a painful betrayal of trust, but for California divorce courts, the issue is usually irrelevant. California is a no-fault divorce state. This means that divorces in California are based on ?irreconcilable differences,? not on what a spouse did or didn't do.
Adultery Under Hindu Marriage Act, 1955 Section 10 of the Hindu Marriage Act, 1955, says adultery is defined as a ground for judicial separation. The section states that the parties can file a decree for judicial separation or divorce because they are mentioned under Section 13(1) of the act.